The case diary of a criminal case is a privileged document under Section 172 of the Criminal Procedure Code.
Section 172(3) of the Cr.P.C. clearly lays down that neither the accused nor his agents (such as his lawyer) shall be entitled to get the case diary. Also, they are not entitled to see the case diary merely because they are referred to by the Court.
However, during trial of the case, if the case diary is used by the police officer who wrote it during investigation to refresh his memory, or if the Court uses it for the purpose of contradicting such police officer, then the accused may be entitled to see the case diary as per provisions of Section 161 of the Evidence Act. In such a situation, the accused can cross-examine the police officer in accordance with Section 145 of the Evidence Act and contradict him with regard to contents of the case diary.
Other than the above situation, the accused is not entitled to get copies of the case diary maintained by police.
Therefore, it may not be possible for you to obtain copies of the case diary from the police relating to investigation of the criminal case registered against you. Filing an RTI application or going to court in this regard may also be of no help.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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